Knowing When Silence is Smarter Than Speaking
Chicago police make traffic stops every day. Sometimes it’s for speeding on Lake Shore Drive, other times it’s rolling through a stop sign in Pilsen. For many drivers, that brief encounter with an officer feels routine—until it isn’t. When flashing lights appear in the rearview mirror, people often forget they still have rights. One of the most misunderstood of these rights is the right to remain silent. The question I get all the time is: “Do I have to talk to the officer?”
As a Chicago criminal defense lawyer, I tell clients that what you say during a stop can change the entire outcome of your case. Most people don’t realize how much legal damage they do by trying to talk their way out of trouble. The simple truth is, aside from handing over your driver’s license, proof of insurance, and vehicle registration, you don’t have to say a word. And in many situations, saying nothing is exactly what protects you the most.
There’s a reason the police are trained to ask questions right away. They know if they can get you to talk, they may get an admission, an inconsistency, or a nervous reaction that gives them a reason to investigate further. In Illinois, especially in Chicago, it’s common for minor traffic stops to turn into arrests for DUI, drug charges, or unlawful gun possession. These cases often start with nothing more than a driver trying to be cooperative—and ending up in handcuffs.
When Officers Want You to Talk, But You Don’t Have To
It’s important to understand the line between being detained and being under arrest. A traffic stop is a form of detention. You’re not free to drive away, but you’re not under arrest—yet. During that time, officers can ask you basic questions. But you’re not legally required to answer anything beyond providing the documents required by law.
Officers may ask things like:
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“Where are you coming from?”
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“Have you had anything to drink tonight?”
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“Is there anything illegal in the car I should know about?”
You can answer. But you don’t have to. And often, you shouldn’t.
By saying something like, “I choose not to answer questions without a lawyer,” you preserve your Fifth Amendment right to remain silent. Illinois law does not require you to answer incriminating questions, and silence cannot be used against you in court. Unfortunately, too many people believe silence implies guilt. In reality, silence is one of the few things that keeps you from handing the prosecution what it needs on a silver platter.
Chicago officers often use what seem like innocent questions to probe for signs of criminal activity. If they sense hesitation or panic, they may escalate the stop. Suddenly, you’re being asked to step out of the car. They may claim they smell marijuana or suspect intoxication. From there, you could be subjected to field sobriety tests, searches, and arrest—all based on your own responses.
This is especially true in DUI cases, which I see constantly in Cook County courtrooms. A driver answers “just two beers,” thinking that honesty will help. Instead, it gives officers a legal reason to begin testing. That admission becomes Exhibit A in the prosecution’s case, even if the driver was nowhere near the legal limit.
Silence keeps that door shut. Once you ask for a lawyer, officers must stop questioning if you are taken into custody. Until then, every word can be collected and used.
A Common Case Scenario from the Near West Side
Let me share a realistic example based on the cases I see every day in Chicago. A young man is driving through the Near West Side. It’s late, and he rolls through a stop sign. A squad car pulls him over. The officer approaches and says he looks tired. He asks where the driver is coming from. The driver replies, “Just left a party in Wicker Park.”
The officer follows up with, “Did you have anything to drink?” The driver says, “Just one beer.” That response becomes the beginning of a DUI case. The officer now says he smells alcohol and asks the driver to perform field sobriety tests. The driver stumbles on one test, is arrested, and taken to the station.
At this point, the driver is read his Miranda rights and asked to take a breath test. He blows under the legal limit, but the officer says his eyes are bloodshot, and his speech is slurred. He’s charged with DUI based on the initial stop, the statements he made, and the field test.
Had the driver said nothing beyond giving his license and registration, the officer would have had very little justification to push the stop further. By mentioning the party and the drink, he gave the officer a legal foothold. This kind of stop happens daily in Chicago. And it leads to thousands of misdemeanor and felony charges that may have been avoided if the driver had simply exercised the right to remain silent.
Why You Need a Criminal Defense Lawyer Immediately After a Traffic Stop Arrest
When a traffic stop turns into a criminal charge, the consequences are serious. Depending on the offense, you could be facing a misdemeanor punishable by up to 364 days in jail, or a felony with prison time of several years. Offenses like DUI, unlawful use of a weapon (UUW), driving on a revoked license, or possession of a controlled substance can all begin with a simple stop.
Once you’re arrested, you’ll be taken to the station for processing. You’ll go before a judge within 48 hours for a bond hearing. From there, the case enters the court system. At every stage, the prosecution will use anything you said during the stop or after to build their case.
That’s why your defense starts the moment you open your mouth—or choose not to.
A Chicago criminal defense lawyer will challenge the legality of the stop, the basis for the arrest, the use of any statements made without proper warnings, and whether officers had the right to search your vehicle. We’ll file motions to suppress any evidence obtained unlawfully and explore every option for dismissal, reduction, or acquittal.
Police rely on your compliance and cooperation. Prosecutors rely on your words. A defense attorney uses the law to level the playing field. And if you’ve already said too much during the stop, that doesn’t mean your case is lost. We can still challenge the procedures used and fight to suppress what was gathered improperly.
Chicago Criminal Defense FAQs – Traffic Stops and Police Questioning
What should I say if I’m pulled over and asked, “Where are you coming from?”
You don’t have to answer. You can politely say, “I prefer not to answer questions.” A Chicago criminal defense lawyer will tell you that answering this type of question gives officers the ability to make assumptions and pursue further investigation.
Is it legal to stay completely silent during a traffic stop in Illinois?
Yes, after providing your license, registration, and insurance, you can remain silent. You’re not required to answer questions about your activities, where you’re going, or what you’ve been doing. Police may find this frustrating, but it is your constitutional right under the Fifth Amendment.
Can silence be used against me in court?
No. Prosecutors cannot argue that your silence during a traffic stop proves guilt. However, if you answer some questions and then refuse others, it could raise issues. The safest approach is to clearly state that you will not answer any questions without a lawyer present.
What happens if I give consent to a search during a stop?
If you voluntarily consent, police can legally search your vehicle. That’s why you should never say “yes” when asked, “Mind if I take a look in your car?” Once you give permission, your defense attorney has fewer grounds to challenge the search. A Chicago defense lawyer can still fight the case, but it’s much harder.
What if I’m arrested and never read my Miranda rights?
Miranda warnings are only required after arrest and before interrogation. If you were arrested but not questioned, the absence of Miranda may not affect the case. If you were questioned after arrest without being read your rights, your lawyer may be able to suppress your statements.
Can I record the police during a stop?
Yes. Illinois law allows you to record public officials, including police, as long as you don’t interfere with their duties. If you believe your rights were violated, your recording may help your Chicago criminal defense lawyer prove it in court.
What if the officer lied about smelling drugs or alcohol?
Police can use subjective observations to justify searches. If there’s no bodycam or dashcam footage to support their claim, your attorney can challenge the officer’s credibility in court. Officers must articulate specific facts, not just vague claims.
What if I wasn’t driving but was a passenger? Do I have to talk?
No. Passengers are not required to answer questions either, unless officers have specific probable cause related to them. If you’re being questioned, ask if you’re free to leave. If not, ask for a lawyer and remain silent.
Call The Law Offices of David L. Freidberg – 24/7 Criminal Defense Help
If a traffic stop in Chicago turned into an arrest, don’t wait to protect your rights. Whether you’re facing a DUI, drug possession, illegal gun charge, or any other offense, we can help. I’ve defended clients in Cook County, DuPage County, Will County, and Lake County for over two decades.
We understand the tactics officers use during traffic stops, and we know how to fight the evidence they gather. Your words matter—but silence backed by a defense lawyer is even more powerful.
Why Clients Choose The Law Offices of David L. Freidberg
When police say you’re not a suspect, it doesn’t mean you’re safe. It often means they’re setting you up to talk freely before filing charges. At The Law Offices of David L. Freidberg, we’ve spent decades protecting clients who were caught off guard by early police contact.
We understand how state and federal prosecutors build cases in Chicago, and we know how to shut down unlawful questioning, suppress harmful statements, and keep clients from being charged at all. Our early involvement often prevents criminal charges from ever materializing. And if they do, we’re ready to fight them in court.
We serve clients across Chicago, Cook County, DuPage County, Will County, and Lake County. We’re available 24/7 to step in the moment you’re approached by law enforcement.
If you are under investigation or have been charged with a crime in Chicago or anywhere in Illinois, contact The Law Offices of David L. Freidberg immediately. We offer free consultations 24/7. We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. Your future is worth fighting for. We’ll stand with you—and we’ll fight to protect your freedom from the very first call. Early legal representation can make the difference between indictment and defense.